Jury: Lawrence surgeon not liable in death of woman from breast cancer

A Lawrence surgeon was cleared of negligence by a Douglas County jury Wednesday, after being sued for failing to diagnose a woman's fatal breast cancer.

The lawsuit alleged Dr. Stephen Myrick didn't perform a biopsy on a cyst found in a woman's breast and she died as a result.

Paula McMillan, of Topeka, discovered the lump in her left breast in February 2004 and was referred to Myrick for testing, according to court documents. During a March 9, 2004, sonogram, he examined a 5-millimeter cyst and determined no additional follow up was necessary.

In early 2005, McMillan detected several new lumps in her breast, according to court documents prepared by Myrick's attorneys. A different doctor diagnosed her with cancer in April 2005, but the cancer spread and the 39-year-old woman died May 13, 2005.

McMillan's estate and 7-year-old daughter sought $1.5 million in damages.

More like this story on LJWorld.com

Comments

Couldn't find much other than general information on Dr. Myric when I did a search. But I did find a website called rateMDs.com. There were a few doctors from Lawrence on there. You can do a search by city. You can also add and rate doctors or dentists. While most in Lawrence only had one or two ratings, there was one under psychology that had eight. Seemed to have good ratings. I was surprised there were no pediatricians rated for Lawrence.

My Father died of colon cancer by a lack of diagnosis. He complained of terrible stomach aches and all they gave him was some previcide or something like that. When they finally did check him out the cancer had already spread. He died within weeks. There isn't a day that goes by that I am not angry. But filing a lawsuit is not going to bring him back...

Never hurts to have as much info as possible. Had a gynecologist here in Lawrence do a hysteroscopy on me (no scope) and very little anesthetic. Believe me for you guys you don't want the details of the procedure. It was more painful than my two childbirths. He couldn't find anything wrong and put me on birth control pills. Two months later my family doctor noticed something wrong with my thyroid. The GYN had not even done a Thyroid test. Problem solved except for the bill for the hysteroscopy for a couple of thousand and damage to my bladder.

Situations like this are too bad. If I take my car to the mechanic for some awful noises I hear and he says "it's fine," I'm probably not going to accept it b/c the noises are not normal. I think too many people look for the all clear instead of hoping for it.People should always get 2nd opinions, especially if it involves terminal issues.

"If people would stop suing for every little thing that is beyond theirs and the physicians control our healthcare system wouldn't be in the tatters it is."You would consider a seven-year old losing their mother due to a negligent mis-diagnosis of a condition that should have been caught to be suing over "every little thing?" Wow, if I lost my mother in this manner you're darn right I would sue, if only to donate the money to a breast cancer charity. Several relatively inexpensive tests could have indicated the presence and stage of this cancer. Breast cancer is soooo treatable nowadays. Mistakes happen, but Dr. Myrick should have known better. I lost my uncle to a massive heart attack at age 39. He had went to see the doctor for chest pains after shoveling snow and feeling that something "just wasn't right." The doctor dismissed his symptoms because of his age and didn't run a simple EKG. Of course, that is what he wanted to hear so he deferred to the doctor's judgement. As a result, he left behind a wife and two young children. Lesson being, we have got to all be better advocates for our own healthcare. If something doesn't feel right and you are dismissed by your doctor, go to another doctor.

poop2scoop (Anonymous) says: Two "professions" that should never be trusted:1.) The legal profession- i.e., lawyers.2.) The medical profession- i.e., doctors.Perhaps, 50 years ago being a lawyer or doctor was an indication of a good, trustworthy character. Today, however, lawyers and doctors are associated with self-serving greed, ego and profit with no regard for the well-being of clients or patients.------------------------------------------------------------------------Well, I'll accept that the mindset you're describing does seem to be pretty pervasive--though undeserved. There certainly are people who go into ALL professions for the wrong reasons. But there are also people who study for years to practice a profession with the best of intentions. I went into law to help people. I get immense satisfaction from what I do everyday, and it has nothing to do with ego or greed. So, be careful when you paint people and professions with such a broad brush. It would be just as easy for me to say that people who post such sweeping generalizations on message boards are uneducated about the topic they are discussing--but that wouldn't be fair either.

GIHAWK (Anonymous) says: But filing a lawsuit is not going to bring him back:****No, but it can prevent that doctor from doing further harm and send a message to others to take more care in their work.

poop2scoop (Anonymous) says: Two "professions" that should never be trusted:1.) The legal profession- i.e., lawyers.2.) The medical profession- i.e., doctors.Perhaps, 50 years ago being a lawyer or doctor was an indication of a good, trustworthy character. Today, however, lawyers and doctors are associated with self-serving greed, ego and profit with no regard for the well-being of clients or patients.********Lawyers and doctors are humans just like everyone else, and there are going to be some bad apples in every group. The vast majority of lawyers and doctors are honest, hard-working professionals. We have professional organizations that ensure high ethical standards--one can be disbarred from practicing law for unethical behavior. A few sensational accounts shouldn't be what informs your opinion about two entire groups of professionals.

Dr. Myrick is one of the finest surgeons i've met. He helped explain some concerns I had about my procedure and was very professional during the post-op. He also performed a procedure on my wife and she is very pleased with his professionalism. While it is unfortunate that this woman lost her life, a grieving family probably was contacted by a greedy ambulance chasing attorney who fed them lines of 'comfort' in order to secure them into a contract and his 1/3rd of a settlement.If people would stop suing for every little thing that is beyond theirs and the physicians control our healthcare system wouldn't be in the tatters it is.

GIHAWK (Anonymous) says:My Father died of colon cancer by a lack of diagnosis. -------------------------------------------------------------------My grandmother died of Colon cancer by a lack of diagnosis as well.The doctor just told her that it is common for older people to have stomach problem and weight loss as they get older.It was too late when the doctor finally took her seriously.What's worst was the doctor was the son-in-law of one of their friends.

There is way too much incompetence in our health care system.I have personally had several experiences of this, and members of my family have had more.Considering the outrageous costs, we should be receiving much better care and treatment.

Two "professions" that should never be trusted:1.) The legal profession-- i.e., lawyers.2.) The medical profession-- i.e., doctors. Perhaps, 50 years ago being a lawyer or doctor was an indication of a good, trustworthy character. Today, however, lawyers and doctors are associated with self-serving greed, ego and profit with no regard for the well-being of clients or patients.